Seminole, FL asked in Real Estate Law for Florida

Q: My husbands grandfather left him the house we've lived in for 27 years in his will. How do we change the name on

or add his name to the deed. We've made all the mortgage payments and will have it paid off in the next five years. His grandfather passed away in 2006 I believe, and my sister-in-law is the executor.

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: You will want to have the current deed reviewed by a Florida Estate Planning/Probate or Real Estate Attorney, probably the best bet would be a Florida Probate Attorney as this is a probate matter. Of there was no probate ever done then it is possible and likely that a probate of some type will be required to get the property into your husbands name if it was left to him in the Will. A copy of the Will would need to be reviewed and the original submitted to the clerk of the court in the county where the grandfather lived. Since so much time has passed it will allow a Summary Administration to be done, faster and usually more cost effective to get the probate filed and addressed. If the property was Homestead property, which it sounds like it may have been, then an additional filing is done, petition to determine homestead property, either way, this usually will get the property into your husbands name. In Florida an executor is referred to as the Personal Representative, in this instance you likely will not need one as there is no Personal Representative assigned in a Summary Administration, also, since the sister is likely not interested in doing the probate if the only asset is the home going to your husband, then your husband can open a probate if there is no objection form his sister and she is able and or willing to sign a waiver of priority with respect to being the Personal Representative, there should be no issues whatsoever and you can file the probate with an attorney as a Summary Administration. That is generally how it will work subject to additional information and details that you would provide for review.

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